Introduction to Missouri DWI Law
Driving while intoxicated
(DWI) in Missouri means operating a motor vehicle while in an
intoxicated or drugged condition.
Years ago, a "drunk driving" charge meant that someone
was "drunk" in the way all of us commonly understand
the word: intoxicated. In the mid-1980's, legislatures all over
the
United States began to toughen their DWI laws in response to public
outcry. Today it is not necessary that a person be drunk to receive
a DWI ticket. In fact, and this book will discuss this in more
detail
later, if your breath or blood shows an alcohol concentration of
.08 you are presumed too intoxicated to safely drive in the state
of Missouri. You may not think you are intoxicated. Those around
you may not think you are intoxicated. Indeed, you may not be considered
intoxicated for any other purpose in the world other than driving.
But you may have enough alcohol or drugs in your system to be considered
too intoxicated to drive. And if you are convicted you will suffer
some harsh penalties.
When a person is cited for a DWI there are essentially
two lawsuits initiated: one is a criminal charge brought by the
city or state in which you are stopped; the other is a civil lawsuit
brought against your driver's license by the Director of the Missouri
Department of Revenue. These proceedings occur simultaneously and
both have a severe impact on your driving record and quality of
life. Both will be discussed at length in the following pages.
Keep in mind that every case is different and
involves different issues. Some of the issues presented in this
book will not be applicable to your case. DWI cases rise or fall
on the facts of each case. The quality of your defense in a DWI
case depends on the details and facts available for your attorney
to work with. There are two primary sources of this information:
You and the arresting officer's police reports. Thus, it is very
important that you share with your attorney ALL of the details and
facts about your case, and that you tell him or her the truth.
The goal of our law firm in representing a DWI
client is to get a dismissal of the charges, an acquittal at trial,
or a non-DWI disposition . While this is not always possible, we
don't stop fighting until our clients tell us to. If you hire our
firm, it is very important that you familiarize yourself with the
information on this site so that you may aid and participate in
your defense and make informed choices regarding your case.
Finally, most of this information pertains to
Boating While Under the Influence as well as driving. However, the
legal limit for operating a boat is .10. Please contact one of our
Missouri attorneys for information about any differences between
boating and driving a car under the influence.
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(Getting Stopped for a DWI)
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